What’s Up With That?

A few days ago I had to drive to the hardware store. On the way, my phone rang. When I am driving I ignore the phone. IF the call is important, I can deal with it later. If it isn’t important, then I didn’t waste my time.

I went into the store, pick up the item I needed, and then walked around looking at a couple of things which might work for my next project. When I got back to my car, seeing my phone laying on the console, I remembered someone had called. Looking at the “Recents” list, I noticed the time on my phone was exactly one hour ahead of the car’s clock. Aha, we must have recently sprung forward; that is, we must have switched to Daylight Savings Time. What a pain… as I racked my brain trying to figure out how to change the vehicle’s clock. Ah, hell, just leave it. I don’t need to know what time it is anyway; a benefit of being retired.

It then occurred to me that almost everyone I know prefers to stay on Daylight Savings Time all year, and I bet most people in the US concur. So why don’t we?

Daylight Savings Time (DST) isn’t a big deal to me. I’ve been dealing with it for over 60 years. “Dealing with it” isn’t an accurate description. When the time changes it has always been a simple matter to adjust what time I get out of bed in the morning.

The US first implemented DST in 1918 in response to World War I. After the war, DST was a hodgepodge of implementation by local and state governments. In 1966 Congress passed the Uniform Time Act establishing the nation-wide adoption of DST, which was heavily lobbied by the transportation industry.

So who gave Congress the authority to force the states to use DST? No one! Congress decided it had the authority. If you read Article I, Section 8 of the Constitution, Congress has the power to standardize weights and measures.

To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures

So What is “Weights and Measures” and, More Importantly, What did Our Founding Fathers Intend?

There is a long history of weight and measure standards in the US, starting in 1799 and really beginning to be effective in 1839 when the Office of Standard Weights and Measures was created as a division within the US Treasury Department. In 1901, the National Bureau of Standards was created to establish standard weights and measures. In 1988 the National Bureau of Standards became the National Institute of Standards and Technology (NIST). 

What is the Mission of the NIST?

The best way to find out is simply go the NIST website, which at the very top of the page states:

To improve the accuracy of measurements, enhance consumer protection, foster fair competition, and facilitate economic growth and trade through technical activities that promote uniformity in national and international legal metrology laws, regulations, standards, test procedures, and enforcement.

Hmm, I don’t see anything about time. Nope, Nada.

If the NIST is responsible for standards of weights and measures, and has no responsibility, oversight, or enforcement of Daylight Savings Time, who does?

In the Uniform Time Act of 1966, this authority was assumed by Congress and delegate to the Interstate Commerce Commission to enforce it, the ICC was later dissolved, then transferring responsibility to the Department of Transportation. If, DST isn’t a function of the NIST, who is responsible for weights and measures, how can we conclude that Congress has the authority to impose DST on the Sates? We can’t. What the three branches of the Federal Government can and cannot do is clearly outlined in the Constitution. Any power not explicitly spelled out in the Constitution belongs to the States as stated in the 10th Amendment of the Bill of Rights:

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

It is a given that the three branches have overstepped their Constitutionally given powers over the years, especially expanding them in the past 50 years or so, and we are under the thumb of a powerful administrative government today. Our current governmental disaster is NOT what our Founding Fathers wanted or designed. Which begs the question, “If the States want to go to DST, why don’t they just do it?” They can’t. The Uniform Time Act allows states to opt out of DST and stay on standard time year round, as Arizona and Hawaii now do, but it prohibits any state from moving to DST year round. Should a state opt for full-time DST, Congress would have to approve it. We the people, cannot vote on a ballot issue to overturn any law passed by Congress.

Can We Overturn Laws Passed by Congress?

No, we can’t. But we can amend our Constitution to overturn any law Congress has passed. There are two ways to amend the Constitution. The first is Congress can propose an amendment, then the States can vote on it, requiring 3/4 of the States to ratify it. It is a difficult process and in our history only 27 amendments have been passed, to include the original 10 in the Bill of Rights. Of the 17 passed since the Bill of Rights was ratified in 1791, we have had only 15 new amendments (the 18th amendment establishing prohibition was cancelled by the 21st amendment, the only amendment that voided a previous one). This comes out to about one amendment every 15 years. The last amendment was passed 28 years ago in 1992.

Congress is usually reluctant to propose amendments, because the interest of the people are not in Congress’s interest; their main interest is getting re-elected, which normally requires them to cater to big money interests, not the people of the United States.

However, there is another method to amend the Constitution, per Article V of our Constitution and it completely by-passes Congress, because our Founders knew that Congress might become corrupt:

The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress; Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article; and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate.

How Could We Change the Rules for Daylight Saving Time?

The States could call a Convention of States, as provided in Article V,

“on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments“

Thus, the States could pass a Constitutional Amendment, giving each state the power to implement DST, if they so choose, year round. Once this amendment is in place, most states, if the state legislature fails to do so, could place the decision in the hands of the people via a state ballot issue.

Of course, this would require a lot of citizens to truly understand how our Constitution really works, and to exercise their responsibility as informed citizens.

Am I This Serious About Changing Daylight Savings Time?

No, I really don’t care about what time the clock says it is.

But I do care about how our government should work, as laid out by our Founding Fathers. Let’s face it, our educational system is broken and most people truly do not understand how our government is supposed to work. For example, ask yourself these questions,

• How does the Electoral College work?
• How many Electoral Votes are there?
• How is the number of Electoral Votes calculated?

If you don’t know all three answers off the top of your head, don’t fret. It probably isn’t your fault. You received an crappy education, and often our educators, especially in high schools and colleges, tend to teach with an agenda of promoting their own personal political and philosophical beliefs.

How to Get Educated on the US Constitution

What is the real history and the intent of the Constitution? This is what each American should be well-versed on. Where do we get this information? I am going to suggest you purchase and read this book, whose full title is The Road to Americanism: The Constitutional History of the United States

Disclaimer: I am intimately knowledgeable about this book. During its creation I provided feedback to the author, Dennis Haugh, a good friend and college classmate of mine. I have no financial interest in the book, other than if you buy it from the link above I will receive a small commission from Amazon. Actually the book has cost me a lot of money, purchasing several copies to give away as gifts, because I think educating ourselves is the important thing we can and should do as citizens.